Mark Miller

Senior Attorney

Florida

Mark Miller is a Senior Attorney with Pacific Legal Foundation and manages PLF’s Atlantic Center in Palm Beach Gardens, Florida. He has appeared on CBS This Morning and Fox Business News, and both Fox & Friends and The View have reported on his cases. The Wall Street Journal, San Francisco Daily Journal, Newark Star-Ledger, Miami Daily Business Review, Stetson Law Review, and Florida Bar Journal have published his work.

An expert in appellate practice, Thomson Reuters lists Mark as a SuperLawyer, Florida Trend Magazine describes him as a member of Florida’s Legal Elite, and Martindale-Hubbell awarded him its AV-Preeminent rating, its highest rating. He recently joined the Board of Directors for Americans United for Life, and The Florida Bar appointed him to the Board of Directors for Florida Rural Legal Services, Inc. Mark is both a James Madison Institute senior fellow and a Federalist Society expert and approved speaker. He also serves on the Board of Directors for the Martin County Bar Association, Martin County Legal Aid Society, and Florida’s Fourth District Court of Appeal Historical Society.

Mark learned to fight for justice from his two grandfathers: one fought under General George S. Patton in World War II, and the other graduated from NYU Law in the early 1920s. Both men taught Mark to believe in the greatness of our country but also to keep its government honest; that is what he has done throughout his career and does now as a member of the PLF team.

He attended college and law school at the University of Florida, earning both diplomas with Honors. He elbow clerked for U.S. District Judge Henry Lee Adams, Jr., of the Middle District of Florida and Emerson R. Thompson, Jr., of Florida’s Fifth District Court of Appeal. Mark has represented clients before local zoning boards and through every court level up to and including the Supreme Court of the United States. He served as co-counsel and second chair before the High Court in United States Army Corps of Engineers v. Hawkes Co., one of our recent wins before the Court.

Mark Miller is a Senior Attorney with Pacific Legal Foundation and manages PLF’s Atlantic Center in Palm Beach Gardens, Florida. He has appeared on CBS This Morning and Fox Business News, and both Fox & Friends and The View have reported on his cases. The Wall Street Journal, San Francisco Daily Journal, Newark Star-Ledger, Miami Daily Business Review, Stetson Law Review, and Florida Bar Journal have published his work.

An expert in appellate practice, Thomson Reuters lists Mark as a SuperLawyer, Florida Trend Magazine describes him as a member of Florida’s Legal Elite, and Martindale-Hubbell awarded him its AV-Preeminent rating, its highest rating. He recently joined the Board of Directors for Americans United for Life, and The Florida Bar appointed him to the Board of Directors for Florida Rural Legal Services, Inc. Mark is both a James Madison Institute senior fellow and a Federalist Society expert and approved speaker. He also serves on the Board of Directors for the Martin County Bar Association, Martin County Legal Aid Society, and Florida’s Fourth District Court of Appeal Historical Society.

Mark learned to fight for justice from his two grandfathers: one fought under General George S. Patton in World War II, and the other graduated from NYU Law in the early 1920s. Both men taught Mark to believe in the greatness of our country but also to keep its government honest; that is what he has done throughout his career and does now as a member of the PLF team.

He attended college and law school at the University of Florida, earning both diplomas with Honors. He elbow clerked for U.S. District Judge Henry Lee Adams, Jr., of the Middle District of Florida and Emerson R. Thompson, Jr., of Florida’s Fifth District Court of Appeal. Mark has represented clients before local zoning boards and through every court level up to and including the Supreme Court of the United States. He served as co-counsel and second chair before the High Court in United States Army Corps of Engineers v. Hawkes Co., one of our recent wins before the Court.

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Procedural Guarantees

American Federation of Aviculture v. U.S. Fish and Wildlife Service

Thriving golden parakeets no longer need Endangered Species Act protection

Thanks to the efforts of private breeders, the golden parakeet is no longer threatened with extinction. Although the federal government acknowledges the bird’s tenfold increase in numbers, it has refused to comply with a law that requires it to make a final decision to delist or downlist the parakeet within 12 months of that finding. On behalf of a coalition of breeders and bird owners, the American Federation of Aviculture, PLF is suing the U.S. Fish and Wildlife Service to force it to comply with the law, reclassify the golden parakeet, and lift onerous restrictions that prevent breeders from selling to all other breeders.

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Procedural Guarantees

Gunnison Sage-Grouse Endangered Species Act Litigation

Drawing a line on federal power under the Endangered Species Act

Colorado and two if its counties challenged the listing of the Gunnison sage-grouse as “threatened” for lack of evidence, and challenged the designation of critical habitat as overbroad. For years, the affected states, counties, and landowners partnered to conserve the species while maintaining economic viability but the federal government ignored these successful efforts and instead imposed significant land use restrictions over a wide swath of land, most of which does not now and cannot ever support a sage-grouse population. PLF filed an amicus brief arguing that the federal government’s actions exceeded statutory and constitutional bounds.

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Property Rights

Markle v. U.S. Fish and Wildlife Service

U.S. Supreme Court to take up Edward Poitevent’s “Phantom Frog” problem

In 2012, government bureaucrats designated more than 1,500 acres of privately owned land in Louisiana as a “critical habitat” for the federally-protected dusky gopher frog. Regardless of the fact the frog neither lives anywhere in the state nor could live there, the critical habitat designation makes the land off-limits for all of the property owners including Ed Poitevent and his business, Markle Interests, and the Weyerhaeuser Company. On January 22, 2018, the U.S. Supreme Court announced it will hear a challenge to this blatant abuse of the Endangered Species Act. PLF represents the Poitevent family and related businesses, and will represent their interests before the Court.

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By Mark Miller

PLF files merits brief in Weyerhaeuser v. US Fish & Wildlife Service

This week Pacific Legal Foundation filed its merits brief supporting the petitioner, Weyerhaeuser Company, in Supreme Court Case No. 17-71, Weyerhaeuser Co. v. United States Fish & Wildlife Service. Earlier … ›

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By Mark Miller

Examining the Clean Water Act permitting process

On Thursday, the U.S. House of Representatives Committee on Oversight and Gov’t Reform‘s Subcommittee on Interior, Energy, and Environment will host a hearing and take testimony on how the Clean … ›

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By Mark Miller

Indiana Supreme Court loses its way in public trust doctrine case

The states bordering the Great Lakes have long tried to wrest control of private beachfront property from the owners of the property in favor of “the public.” That the private … ›

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By Mark Miller

PLF making the multimedia rounds

We’ve discussed several PLF cases recently, including Ganson v. City of Marathon, Marquette County Road Commission v. EPA, and Pacetta v. Town of Ponce Inlet.

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By Mark Miller

Supreme Court refuses to hear important Florida Keys takings case

Earlier this week, we learned that the U.S. Supreme Court would not hear the important takings case arising from the Florida Keys known as Ganson v. City of Marathon.

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By Mark Miller

High Court agrees to hear landmark Endangered Species Act case

Earlier this week, the U.S. Supreme Court announced it will hear a challenge to a bureaucratic abuse of the Endangered Species Act that threatens landowners nationwide.

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